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Industry Commission Amendment Act 1995

  • - C2004A05000
  • No longer in force
Act No. 150 of 1995 as made
An Act to amend the Industry Commission Act 1989
Date of Assent 16 Dec 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150, 1995

Making Information
- Assented to 16 December 1995

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150 of 1995 - TABLE OF PROVISIONS

CONTENTS
Section
1. Short title
2. Commencement
3. Schedule
SCHEDULE
AMENDMENTS OF THE INDUSTRY COMMISSION ACT 1989

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150 of 1995 - LONG TITLE

An Act to amend the Industry Commission Act 1989

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150 of 1995 - SECT 1
Short title

1. This Act may be cited as the Industry Commission Amendment Act 1995.


(Minister's second reading speech made in -
House of Representatives on 21 November 1995
Senate on 22 November 1995)

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150 of 1995 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150 of 1995 - SECT 3
Schedule

3. The Industry Commission Act 1989 is amended in accordance with the applicable items in the Schedule to this Act.

INDUSTRY COMMISSION AMENDMENT ACT 1995 No. 150 of 1995 - SCHEDULE

SCHEDULE Section 3
AMENDMENTS OF THE INDUSTRY COMMISSION ACT 1989
1. Paragraph 28(1)(b):
Omit "8", substitute "11".
2. Subsection 29(1):
Omit "on a full-time basis".
3. After subsection 29(1):
Insert:
"(1A) The Chairperson must be appointed on a full-time basis.
The other Commissioners may be appointed on a full-time or part-
time basis.".
4. Section 30:
Before "Commissioner" insert "full-time".
5. Section 30:
Add at the end:
"(2) A part-time Commissioner must not engage in any paid
employment that, in the Minister's opinion, conflicts with the
proper performance of the Commissioner's duties.".
6. After subsection 34(2):
Insert:
"(2A) The Chairperson may grant leave to a part-time
Commissioner to be absent from a meeting or meetings of the
Commission.".
7. Subsection 35(4):
Omit "8", substitute "11".
8. Paragraph 38(5)(b):
Before "Commissioner" insert "full-time".
9. After paragraph 38(5)(b):
Insert:
"(ba) a part-time Commissioner:
(i) engages in paid employment that, in the Minister's
opinion, conflicts with the proper performance of the
Commissioner's duties; or
(ii) is absent from duty, except on leave of absence, for 14
consecutive days or for 28 days in any 12 months; or
(iii) is absent, except on leave granted under subsection
34(2A), from 3 consecutive meetings of the Commission; or".
10. Paragraph 40(5)(a):
Omit "3", substitute "4".
11. Subsection 40(8):
Omit "section 41", substitute "sections 41 and 41A".
12. After section 41:
Insert:
Constitution of Division by a single Commissioner in exceptional
cases
"41A.(1) This section applies if:
(a) only 1 member of a Division, or only 1 person appointed to
act as such a member, is available to attend a public hearing by
the Division; and
(b) the other members of the Division, and the other persons
appointed to act as those members (if any), are unavailable to
attend the hearing because of accident, illness, injury or any
other reason beyond their control.
"(2) Despite section 41, if this section applies:
(a) the Division is taken, for the purposes of the hearing, to
be constituted by the sole available member or acting member
until 1 of the other members or acting members becomes available
to attend the hearing; and
(b) while the sole available member or acting member is taken
to constitute the Division, he or she is, for the purposes of
this Act, taken to have been nominated to preside at the meeting
of the Division at which the hearing takes place.
"(3) Paragraph (2)(b) does not apply if the sole available
member, or acting member, of the Division is the Chairperson or
acting Chairperson.
"(4) In this section:
public hearing includes part of a public hearing.".